This Article is written by Pathan Bhanu & this article disscuss the concepts of criminal misappropriation of Property.

Meaning
Statutory provision
Essentials ingredients of criminal misappropriation of property
Aggravated forms of criminal misappropriation of property
Temporary misappropriation
Difference between theft and Criminal misapplication of Property
It does not come under criminal misappropriation of property
Case law
Conclusion
Author details ● References

Introduction:-

The criminal misappropriation of Property is Dishonestly appropriating another person’s property without the consent of that persen. There are many other offenses relating to the movable property. & immovable property they are: Theft, extortion, robbery and dacoity,

Criminal misappropriation of property, Criminal breach of trust,etc. The criminal misappropriation of property is one of them. It is a punishable offense and forbidden by law.

Meaning: –

The taking of the other person’s property without the consent of that person who is the original owner (or) the lawful owner of the property and converting it to his own use.

Statutory provisions:-

The criminal misappropriation of property is discussed in section-403 of the Indian Penal code.

Essentials Ingredients of the criminal misappropriation of property:-

The following are the ingredients of Criminal misappration of the property. They are:-

Mensrea:-The Criminal intention, the dishonest intention. The mens rea of the offender is not taken into Consideration. Because the offender and the victim were previously known to each other. The possession comes to the offender lawfully. Meanwhile, after the taking of the Property in the absence of the victim he got the Dishonest intention. He unlawfully taken his possession on the property and never return to the victim.

Offender is not the lawful owner of the property:-

It explains that he illegally takes property belonging to the victim. Actually it belongs to the rightful owner that is the victim. The word actually explains that it is a criminal act of misappropriation of property. The person criminally appropriated the property who is not the actual owner of the property.

The offender does not know the actual owner:-

In this case when the offender does not know the true owner of the property he has the responsibility to find the real owner and give the property. If he actually knows after the taking of the property it also concludes as the criminal misappropriation property.

Use of the property:-

The offenders misappropriately take the property from the actual owner. Converts the property as the offender’s property and uses it for his own use he will be liable.

In the absence of the owner:-

The offender takes the property in the absence of the owner. Originally without the consent of the owner. This without consent is actually responsible for the criminality (or) non criminality of the property by the offender.

Illustration:-

The ‘x’ & ‘y’ are the friends.The ‘x’ comes to ‘y’ house and takes the ‘y’ book which is on the ‘y’s table, without the consent of ‘y’ and sells it for 100 rupees.

Aggravated forms of criminal Misappropriation of property:-

Property of the death person:-

The property of the dead person is misappropriated by the servants (or) any other person, who are in the position to take reasonable care of the property after the lawful owner.

Illustration:-

‘A’ the servant of ‘B’ takes care of ‘B’ without their relatives Presence because he is a very old man. ‘B’ died due to old age, the ‘A’ takes all the furniture of the ‘B’ before the presence of the relatives. It also comes under the Criminal misappropriation of appropriate property. Because the furniture related to the legal heirs after the death of the ‘B’.

Temporary misappropriation of the Property:-

The actual taking of the temporary misappropriation of the property is also a criminal misappropriation of property.

Illustration:- The ‘A’ takes the earrings of ‘B’ to dress up in the festival without the consent of the actual Owner ‘B’. After realizing that taking the property without the content is an offense ‘A’ rearranges the earrings in the actual position.

Difference between the theft and Criminal misapplication of Property:-

To know the meaning of criminal misappropriation of property clearly we have to know the difference between theft and Criminal misappropriation of Property. Discussed in following:-

Theft (section 378)	Criminal misappropriation of property (section-405)
Intention is dishonest from the beginning.	The intention is not dishonest from the beginning, after certain circumstance it changed as dishonest.

The offender comes into the possession of the property without the consent of the owner	The offender comes into the possession of the property with the consent of the owner.
Moving the property itself a offense	Moving the property is not an offense
Illustration:- ‘A’ comes to house of the ‘B’ at night and takes the ‘B’s T.V and escaped	Illustration:- ‘A’ is the servant of ‘B’. At the time ‘B’ goes to the office, ‘A’ takes B’s money and escapes.

It does not come under the Criminal misappropriation of the property. They are:The person who is in charge of the property takes the property dishonestly and uses it for his own use does not come to criminal misappropriation of property.

Illustration:-‘A’ is the head of the property given to A,B,C,D by their parents. ‘A’ uses property given to a group of family without the content of any person.

In this illustration the ‘A’ is liable civilly but he is not liable under misappropriation of property. Because he is the manager of the property and the co-owner of the property.

Case law:-

In Ramaswamy Nadar vs state of madras (1957):- The Supreme court used the word “Converts to his own use” and defined the word, in which the offender used the property which was unlawfully appropriated from the lawful owner and converted to his own use.

Conclusion:-The Criminal misappropriation first case law is R.K.Dalmia vs Delhi Administration. In the case the supreme court said that the temporary misappropriate of taking money is also considered as the Criminal misappropriation of property.

References: